Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
Response to Office Action
The table below presents the data as entered.
Input Field
|
Entered
|
| SERIAL NUMBER |
88505775 |
| LAW OFFICE ASSIGNED |
LAW OFFICE 107 |
| MARK SECTION |
| MARK |
http://uspto.report/TM/88505775/mark.png |
| LITERAL ELEMENT |
PURPLE |
| STANDARD CHARACTERS |
YES |
| USPTO-GENERATED IMAGE |
YES |
| MARK STATEMENT |
The mark consists of standard characters, without claim to any particular font style, size or color. |
| ARGUMENT(S) |
| The examining attorney refused registration of the applied-for mark because of: (1) the likelihood of confusion to the marks U.S. Registration No.
4353375 ('375) and U.S. Registration No. 3164224 ('224); (2) the potential citation for likelihood of confusion against U.S. Application Serial No. 86500822 ('822); and (3) Identification of
goods/services. Amendment to the Description of Goods By this response Applicant has amended the goods and services in-line with the Examiners suggestion to read, "Retail stores services featuring,
exclusively products from trademark owner, namely, cushions, mattresses, pillows, mattress toppers, mattress pads, mattress covers, bed linen, bed frames, adjustable bed frames, bed platforms and bed
bases" while maintaining the same international code. Likelihood of Confusion With regard to the '375 and '224 marks With regard to the Likelihood of Confusion cited by the Examiner the factors
listed in In re E. I. du Pont de Nemours & Co., 476 F.2d 1357, 177 USPQ 563 (C.C.P.A. 1973) are to be considered. The marks must be compared in their entirety. Not every du Pont factor is
contemplated herein, but those of the greatest value are considered. In addition to those factors considered by the Examining Attorney, other factors to consider in this case include the following:
(1) Fame of the mark. Applicant's previous marks, including U.S. Reg. No. 5,906,647 and 5,659,866 have been allowed for acquiring distinction in the marketplace. The U.S. Court of Appeals for the
Federal Circuit has held that the acquired distinctiveness, or secondary meaning, of a trademark can be shown by evidence of establishing that a trademark owner's use of a trademark has caused the
purchasing public to identify the mark with the source of the product. In re Owens-Corning Fiberglas Corp., 774 F.2d 1116, 1125, 227 USPQ 417, 422 (Fed. Cir. 1985). The factors that the Office should
consider in determining whether a trademark has acquired distinctiveness under section 2(f) include advertising expenditures and market research. According to TMEP section 1212.06, the
distinctiveness of a trademark can be established by actual evidence. That evidence may be submitted in the form of declarations submitted under 37 C.F.R. section 2.20, as well as other appropriate
evidence showing the nature and extent of use of the trademark in interstate commerce. 37 C.F.R. section 2.41(a)(3). To demonstrate the secondary meaning associated with the PURPLE name, Applicant is
submitting declarations by three employees who were involved in strengthening the distinctiveness of the PURPLE brand amongst consumers and potential consumers of Applicant's goods, as well as among
the general public. These include the Declaration of Alex McArthur, Applicant's prior Chief Marketing Officer made specifically with regard to the U.S. Reg. No. 5,659,565 ("McArthur Declaration"),
the Declaration of Jacob Berube, Applicant's prior Web Director made specifically with regard to the U.S. Reg. No. 5,659,565 ("Berube Declaration"), and the Declaration of Peter Taylor, Applicant's
Corporate Controller ("Taylor Declaration"). Each of the declarations is accompanied by one or more exhibits that support the statements made in the declarations and, thus, provide further evidence
of the distinctiveness of the PURPLE brand, as well as further distinctiveness the PURPLE name continues to acquire. A. ADVERTISING EXPENDITURES, MARKETING EFFORTS, AND SUCCESS With respect to the
impact of advertising expenditures and marketing efforts on the distinctiveness that has been acquired by a trademark, TMEP section 1212.06(b) provides: Large-scale expenditures in promoting and
advertising goods and services under a particular mark are significant to indicate the extent to which a mark has been used... [However, the] ultimate test in determining whether a designation has
acquired distinctiveness is applicant's success, rather than its efforts, in educating the public to associate the proposed mark with a single source. The examining attorney must...determine how the
term is being used, the commercial impression created by such use, and what the use would mean to purchasers. In re Redken Labs., Inc., 170 USPQ 526, 529 (TTAB 1971). Since January 17, 2016,
Applicant has spent over $100,000,000 on paid advertising using the PURPLE trademark. McArthur Declaration, para. 6. That advertising expenditure includes viral video advertising campaigns, marketing
through social media, and other internet based marketing. Applicant has co marketed its PURPLE branded products with Disney Pixar's popular film Coco (McArthur Declaration, para. 11), and has engaged
professional athletes, including well known NBA players Gordon Hayward and Joe Ingles in its marketing campaigns (Id., para. 12 and Exhibit C). Video advertisements on Applicant's YouTube channel
have been viewed over 700,000,000 times. McArthur Declaration, para. 7. The video advertisements appearing on Applicant's Facebook page have been viewed over 580,000,000 times. Id., para. 9.
Applicant's tracking indicates that the collective viewing time of its video advertisements has exceeded 19,000,000 hours, which amounts to more than 2,261 years. Id., para. 8. In social media,
Applicant's Facebook page has had over 4.7 billion impressions. McArthur Declaration, para. 10. An impression is the number of times a post from a Facebook page is displayed. Applicant's marketing
efforts have also driven significant traffic to Applicant's own website, www.purple.com. Over the one year period from August 1, 2017 to August 1, 2018, Applicant's website was "visited" more than
34,000,000 times by over 23,000,000 unique visitors. Berube Declaration, para. 6. Those visits have included over 99,000,000 page views, averaging out to 2.86 page views per visit. Id. That data
indicates that each time a person visits Applicant's website, they spend a significant amount of time reviewing and considering the products and information offered through Applicant's website. Since
the PURPLE trademark appears on every page of Applicant's website (Berube Declaration, para. 5 and Exhibit A; McArthur Declaration, para. 5 and Exhibit A), several million people were repeatedly
exposed to the PURPLE trademark between August 1, 2017 and August 1, 2018. When people enter the term "purple" into the Google, Bing, and Yahoo search engines, Applicant's website is the first
result. Berube Declaration, para. 7 and Exhibit B. The exposure that Applicant has achieved through its extensive advertising expenditures and marketing efforts indicates that Applicant's efforts
have been successful in educating the public to associate the PURPLE trademark with a single source. Additionally, with respect, specifically to the retail stores opened by Applicant, established six
(6) retail locations (Taylor Declaration, para. 6); these retail stores are in three (3) states (Id. para. 7); Applicant has expended over $700,000 in establishing these retail locations (Id. para.
8); and has received over $1,200,000 in revenue from these retail locations (Id. para. 9). (2) The similarity of the established trade channels. With regard to the '375 and '224 marks the owner of
these marks sells solely purple colored goods that are sourced from third parties. Applicant's goods are not necessarily "purple" in color and are strictly source from the Applicant. (3) The variety
of goods is substantially different in that Applicant is only selling pillows, bed linen, seat cushions, mattresses, bed frames and other bedding supplies. With regard to the '375 and '224 marks the
goods are vast and there is very little cross pollination in selling. (4) No evidence of actual confusion between Applicant's mark and the '375 and '224 marks. (5) The duration of time of actual use
of the mark. Applicant has been utilizing the PURPLE mark since at least as early as 2015 with at least one retail location open since 2016 with no evidence of confusion. Potential Citation for
Likelihood of Confusion for Application '822 For those same reasons set forth with regard to the '375 and '224 marks the same arguments apply herein with respect to the du Pont factors, declarations
and evidence provided herein. When all of the factors above are taken as a whole (and the mark in its entirety), Applicants respectfully submit that a likelihood of confusion does not exist. For at
least these reasons provided herein, Applicants respectfully assert that Applicant's mark should be allowed. |
| EVIDENCE SECTION |
| EVIDENCE FILE NAME(S) |
| ORIGINAL PDF FILE |
evi_64772512-20191219165438020727_._3651_001.pdf |
CONVERTED PDF FILE(S)
(5 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\885\057\88505775\xml4\ROA0002.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\885\057\88505775\xml4\ROA0003.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\885\057\88505775\xml4\ROA0004.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\885\057\88505775\xml4\ROA0005.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\885\057\88505775\xml4\ROA0006.JPG |
| ORIGINAL PDF FILE |
evi_64772512-20191219165438020727_._3653_001.pdf |
CONVERTED PDF FILE(S)
(5 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\885\057\88505775\xml4\ROA0007.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\885\057\88505775\xml4\ROA0008.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\885\057\88505775\xml4\ROA0009.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\885\057\88505775\xml4\ROA0010.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\885\057\88505775\xml4\ROA0011.JPG |
| ORIGINAL PDF FILE |
evi_64772512-20191219165438020727_._Declaration_of_Peter_Taylor_for_Purple_TM_20191219.pdf |
CONVERTED PDF FILE(S)
(2 pages) |
\\TICRS\EXPORT17\IMAGEOUT17\885\057\88505775\xml4\ROA0012.JPG |
| |
\\TICRS\EXPORT17\IMAGEOUT17\885\057\88505775\xml4\ROA0013.JPG |
| DESCRIPTION OF EVIDENCE FILE |
Declarations from Applicant's employees and former employees |
| GOODS AND/OR SERVICES SECTION (current) |
| INTERNATIONAL CLASS |
035 |
| DESCRIPTION |
| Retail stores for Purple's products, namely, cushions, mattresses, pillows, mattress toppers, mattress pads, mattress covers, bed
linen, bed frames, adjustable bed frames, bed platforms and bed bases |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 06/29/2019 |
| FIRST USE IN COMMERCE DATE |
At least as early as 06/29/2019 |
| GOODS AND/OR SERVICES SECTION (proposed) |
| INTERNATIONAL CLASS |
035 |
| TRACKED TEXT DESCRIPTION |
Retail stores for Purple's products, namely, cushions, mattresses, pillows, mattress toppers, mattress
pads, mattress covers, bed linen, bed frames, adjustable bed frames, bed platforms and bed bases; Retail stores services featuring, exclusively products from
trademark owner, namely, cushions, mattresses, pillows, mattress toppers, mattress pads, mattress covers, bed linen, bed frames, adjustable bed frames, bed platforms and bed bases |
| FINAL DESCRIPTION |
| Retail stores services featuring, exclusively products from trademark owner, namely, cushions, mattresses, pillows, mattress toppers,
mattress pads, mattress covers, bed linen, bed frames, adjustable bed frames, bed platforms and bed bases |
| FILING BASIS |
Section 1(a) |
| FIRST USE ANYWHERE DATE |
At least as early as 06/29/2019 |
| FIRST USE IN COMMERCE DATE |
At least as early as 06/29/2019 |
| ATTORNEY SECTION (current) |
| NAME |
James A Larson |
| ATTORNEY BAR MEMBERSHIP NUMBER |
NOT SPECIFIED |
| YEAR OF ADMISSION |
NOT SPECIFIED |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
NOT SPECIFIED |
| FIRM NAME |
DURHAM JONES AND PINEGAR |
| STREET |
3301 THANKSGIVING WAY, SUITE 400 |
| CITY |
LEHI |
| STATE |
Utah |
| POSTAL CODE |
84043 |
| COUNTRY |
US |
| PHONE |
801-375-6600 |
| EMAIL |
ipmail@djplaw.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
1000US35 |
| ATTORNEY SECTION (proposed) |
| NAME |
James A Larson |
| ATTORNEY BAR MEMBERSHIP NUMBER |
XXX |
| YEAR OF ADMISSION |
XXXX |
| U.S. STATE/ COMMONWEALTH/ TERRITORY |
XX |
| FIRM NAME |
DURHAM JONES AND PINEGAR |
| STREET |
3301 THANKSGIVING WAY, SUITE 400 |
| CITY |
LEHI |
| STATE |
Utah |
| POSTAL CODE |
84043 |
| COUNTRY |
United States |
| PHONE |
801-375-6600 |
| EMAIL |
ipmail@djplaw.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
1000US35 |
| CORRESPONDENCE SECTION (current) |
| NAME |
JAMES A LARSON |
| FIRM NAME |
DURHAM JONES AND PINEGAR |
| STREET |
3301 THANKSGIVING WAY, SUITE 400 |
| CITY |
LEHI |
| STATE |
Utah |
| POSTAL CODE |
84043 |
| COUNTRY |
US |
| PHONE |
801-375-6600 |
| EMAIL |
ipmail@djplaw.com; jlarson@djplaw.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
1000US35 |
| CORRESPONDENCE SECTION (proposed) |
| NAME |
James A Larson |
| FIRM NAME |
DURHAM JONES AND PINEGAR |
| STREET |
3301 THANKSGIVING WAY, SUITE 400 |
| CITY |
LEHI |
| STATE |
Utah |
| POSTAL CODE |
84043 |
| COUNTRY |
United States |
| PHONE |
801-375-6600 |
| EMAIL |
ipmail@djplaw.com; jlarson@djplaw.com; james.l@purple.com |
| AUTHORIZED TO COMMUNICATE VIA EMAIL |
Yes |
| DOCKET/REFERENCE NUMBER |
1000US35 |
| SIGNATURE SECTION |
| RESPONSE SIGNATURE |
/James A Larson/ |
| SIGNATORY'S NAME |
James A Larson |
| SIGNATORY'S POSITION |
Attorney of record, Utah bar member |
| SIGNATORY'S PHONE NUMBER |
8013756600 |
| DATE SIGNED |
12/19/2019 |
| AUTHORIZED SIGNATORY |
YES |
| FILING INFORMATION SECTION |
| SUBMIT DATE |
Thu Dec 19 16:59:45 EST 2019 |
| TEAS STAMP |
USPTO/ROA-XX.XX.XXX.X-201
91219165945831257-8850577
5-700cef5e54fa242dd1a3945
4a752447958d5792e048bf853
d58c36d2c90497487d4-N/A-N
/A-20191219165438020727 |
Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number.
PTO Form 1957 (Rev 10/2011) |
| OMB No. 0651-0050 (Exp 09/20/2020) |
Response to Office Action
To the Commissioner for Trademarks:
Application serial no.
88505775 PURPLE(Standard Characters, see http://uspto.report/TM/88505775/mark.png) has been amended as follows:
ARGUMENT(S)
In response to the substantive refusal(s), please note the following:
The examining attorney refused registration of the applied-for mark because of: (1) the likelihood of confusion to the marks U.S. Registration No. 4353375 ('375) and U.S. Registration No. 3164224
('224); (2) the potential citation for likelihood of confusion against U.S. Application Serial No. 86500822 ('822); and (3) Identification of goods/services. Amendment to the Description of Goods By
this response Applicant has amended the goods and services in-line with the Examiners suggestion to read, "Retail stores services featuring, exclusively products from trademark owner, namely,
cushions, mattresses, pillows, mattress toppers, mattress pads, mattress covers, bed linen, bed frames, adjustable bed frames, bed platforms and bed bases" while maintaining the same international
code. Likelihood of Confusion With regard to the '375 and '224 marks With regard to the Likelihood of Confusion cited by the Examiner the factors listed in In re E. I. du Pont de Nemours & Co.,
476 F.2d 1357, 177 USPQ 563 (C.C.P.A. 1973) are to be considered. The marks must be compared in their entirety. Not every du Pont factor is contemplated herein, but those of the greatest value are
considered. In addition to those factors considered by the Examining Attorney, other factors to consider in this case include the following: (1) Fame of the mark. Applicant's previous marks,
including U.S. Reg. No. 5,906,647 and 5,659,866 have been allowed for acquiring distinction in the marketplace. The U.S. Court of Appeals for the Federal Circuit has held that the acquired
distinctiveness, or secondary meaning, of a trademark can be shown by evidence of establishing that a trademark owner's use of a trademark has caused the purchasing public to identify the mark with
the source of the product. In re Owens-Corning Fiberglas Corp., 774 F.2d 1116, 1125, 227 USPQ 417, 422 (Fed. Cir. 1985). The factors that the Office should consider in determining whether a trademark
has acquired distinctiveness under section 2(f) include advertising expenditures and market research. According to TMEP section 1212.06, the distinctiveness of a trademark can be established by
actual evidence. That evidence may be submitted in the form of declarations submitted under 37 C.F.R. section 2.20, as well as other appropriate evidence showing the nature and extent of use of the
trademark in interstate commerce. 37 C.F.R. section 2.41(a)(3). To demonstrate the secondary meaning associated with the PURPLE name, Applicant is submitting declarations by three employees who were
involved in strengthening the distinctiveness of the PURPLE brand amongst consumers and potential consumers of Applicant's goods, as well as among the general public. These include the Declaration of
Alex McArthur, Applicant's prior Chief Marketing Officer made specifically with regard to the U.S. Reg. No. 5,659,565 ("McArthur Declaration"), the Declaration of Jacob Berube, Applicant's prior Web
Director made specifically with regard to the U.S. Reg. No. 5,659,565 ("Berube Declaration"), and the Declaration of Peter Taylor, Applicant's Corporate Controller ("Taylor Declaration"). Each of the
declarations is accompanied by one or more exhibits that support the statements made in the declarations and, thus, provide further evidence of the distinctiveness of the PURPLE brand, as well as
further distinctiveness the PURPLE name continues to acquire. A. ADVERTISING EXPENDITURES, MARKETING EFFORTS, AND SUCCESS With respect to the impact of advertising expenditures and marketing efforts
on the distinctiveness that has been acquired by a trademark, TMEP section 1212.06(b) provides: Large-scale expenditures in promoting and advertising goods and services under a particular mark are
significant to indicate the extent to which a mark has been used... [However, the] ultimate test in determining whether a designation has acquired distinctiveness is applicant's success, rather than
its efforts, in educating the public to associate the proposed mark with a single source. The examining attorney must...determine how the term is being used, the commercial impression created by such
use, and what the use would mean to purchasers. In re Redken Labs., Inc., 170 USPQ 526, 529 (TTAB 1971). Since January 17, 2016, Applicant has spent over $100,000,000 on paid advertising using the
PURPLE trademark. McArthur Declaration, para. 6. That advertising expenditure includes viral video advertising campaigns, marketing through social media, and other internet based marketing. Applicant
has co marketed its PURPLE branded products with Disney Pixar's popular film Coco (McArthur Declaration, para. 11), and has engaged professional athletes, including well known NBA players Gordon
Hayward and Joe Ingles in its marketing campaigns (Id., para. 12 and Exhibit C). Video advertisements on Applicant's YouTube channel have been viewed over 700,000,000 times. McArthur Declaration,
para. 7. The video advertisements appearing on Applicant's Facebook page have been viewed over 580,000,000 times. Id., para. 9. Applicant's tracking indicates that the collective viewing time of its
video advertisements has exceeded 19,000,000 hours, which amounts to more than 2,261 years. Id., para. 8. In social media, Applicant's Facebook page has had over 4.7 billion impressions. McArthur
Declaration, para. 10. An impression is the number of times a post from a Facebook page is displayed. Applicant's marketing efforts have also driven significant traffic to Applicant's own website,
www.purple.com. Over the one year period from August 1, 2017 to August 1, 2018, Applicant's website was "visited" more than 34,000,000 times by over 23,000,000 unique visitors. Berube Declaration,
para. 6. Those visits have included over 99,000,000 page views, averaging out to 2.86 page views per visit. Id. That data indicates that each time a person visits Applicant's website, they spend a
significant amount of time reviewing and considering the products and information offered through Applicant's website. Since the PURPLE trademark appears on every page of Applicant's website (Berube
Declaration, para. 5 and Exhibit A; McArthur Declaration, para. 5 and Exhibit A), several million people were repeatedly exposed to the PURPLE trademark between August 1, 2017 and August 1, 2018.
When people enter the term "purple" into the Google, Bing, and Yahoo search engines, Applicant's website is the first result. Berube Declaration, para. 7 and Exhibit B. The exposure that Applicant
has achieved through its extensive advertising expenditures and marketing efforts indicates that Applicant's efforts have been successful in educating the public to associate the PURPLE trademark
with a single source. Additionally, with respect, specifically to the retail stores opened by Applicant, established six (6) retail locations (Taylor Declaration, para. 6); these retail stores are in
three (3) states (Id. para. 7); Applicant has expended over $700,000 in establishing these retail locations (Id. para. 8); and has received over $1,200,000 in revenue from these retail locations (Id.
para. 9). (2) The similarity of the established trade channels. With regard to the '375 and '224 marks the owner of these marks sells solely purple colored goods that are sourced from third parties.
Applicant's goods are not necessarily "purple" in color and are strictly source from the Applicant. (3) The variety of goods is substantially different in that Applicant is only selling pillows, bed
linen, seat cushions, mattresses, bed frames and other bedding supplies. With regard to the '375 and '224 marks the goods are vast and there is very little cross pollination in selling. (4) No
evidence of actual confusion between Applicant's mark and the '375 and '224 marks. (5) The duration of time of actual use of the mark. Applicant has been utilizing the PURPLE mark since at least as
early as 2015 with at least one retail location open since 2016 with no evidence of confusion. Potential Citation for Likelihood of Confusion for Application '822 For those same reasons set forth
with regard to the '375 and '224 marks the same arguments apply herein with respect to the du Pont factors, declarations and evidence provided herein. When all of the factors above are taken as a
whole (and the mark in its entirety), Applicants respectfully submit that a likelihood of confusion does not exist. For at least these reasons provided herein, Applicants respectfully assert that
Applicant's mark should be allowed.
EVIDENCE
Evidence in the nature of Declarations from Applicant's employees and former employees has been attached.
Original PDF file:
evi_64772512-20191219165438020727_._3651_001.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_64772512-20191219165438020727_._3653_001.pdf
Converted PDF file(s) ( 5 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Original PDF file:
evi_64772512-20191219165438020727_._Declaration_of_Peter_Taylor_for_Purple_TM_20191219.pdf
Converted PDF file(s) ( 2 pages)
Evidence-1
Evidence-2
CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following class of goods/services in the application:
Current: Class 035 for Retail stores for Purple's products, namely, cushions, mattresses, pillows, mattress toppers, mattress pads, mattress covers, bed linen, bed frames, adjustable bed
frames, bed platforms and bed bases
Original Filing Basis:
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/29/2019 and first used in commerce at least as early as 06/29/2019 , and
is now in use in such commerce.
Proposed:
Tracked Text Description: Retail stores for Purple's products, namely, cushions, mattresses, pillows, mattress toppers, mattress pads, mattress covers, bed
linen, bed frames, adjustable bed frames, bed platforms and bed bases;
Retail stores services featuring, exclusively products from trademark owner, namely,
cushions, mattresses, pillows, mattress toppers, mattress pads, mattress covers, bed linen, bed frames, adjustable bed frames, bed platforms and bed basesClass 035 for Retail stores services
featuring, exclusively products from trademark owner, namely, cushions, mattresses, pillows, mattress toppers, mattress pads, mattress covers, bed linen, bed frames, adjustable bed frames, bed
platforms and bed bases
Filing Basis: Section 1(a), Use in Commerce: The applicant is using the mark in commerce, or the applicant's related company or licensee is using the mark in commerce, on or in connection with
the identified goods and/or services. 15 U.S.C. Section 1051(a), as amended. The mark was first used at least as early as 06/29/2019 and first used in commerce at least as early as 06/29/2019 , and
is now in use in such commerce.
The applicant's current attorney information: James A Larson. James A Larson of DURHAM JONES AND PINEGAR, is located at
3301 THANKSGIVING WAY, SUITE 400
LEHI, Utah 84043
US
The docket/reference number is 1000US35.
The phone number is 801-375-6600.
The email address is ipmail@djplaw.com
The applicants proposed attorney information: James A Larson. James A Larson of DURHAM JONES AND PINEGAR, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is
located at
3301 THANKSGIVING WAY, SUITE 400
LEHI, Utah 84043
United States
The docket/reference number is 1000US35.
The phone number is 801-375-6600.
The email address is ipmail@djplaw.com
James A Larson submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S.
Commonwealth or territory.
The applicant's current correspondence information: JAMES A LARSON. JAMES A LARSON of DURHAM JONES AND PINEGAR, is located at
3301 THANKSGIVING WAY, SUITE 400
LEHI, Utah 84043
US
The docket/reference number is 1000US35.
The phone number is 801-375-6600.
The email address is ipmail@djplaw.com; jlarson@djplaw.com
The applicants proposed correspondence information: James A Larson. James A Larson of DURHAM JONES AND PINEGAR, is located at
3301 THANKSGIVING WAY, SUITE 400
LEHI, Utah 84043
United States
The docket/reference number is 1000US35.
The phone number is 801-375-6600.
The email address is ipmail@djplaw.com; jlarson@djplaw.com; james.l@purple.com
SIGNATURE(S)
Response Signature
Signature: /James A Larson/ Date: 12/19/2019
Signatory's Name: James A Larson
Signatory's Position: Attorney of record, Utah bar member
Signatory's Phone Number: 8013756600
The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and
any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another
U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed
revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter;
or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.
Mailing Address: JAMES A LARSON
DURHAM JONES AND PINEGAR
3301 THANKSGIVING WAY, SUITE 400
LEHI, Utah 84043
Mailing Address: James A Larson
DURHAM JONES AND PINEGAR
3301 THANKSGIVING WAY, SUITE 400
LEHI, Utah 84043
Serial Number: 88505775
Internet Transmission Date: Thu Dec 19 16:59:45 EST 2019
TEAS Stamp: USPTO/ROA-XX.XX.XXX.X-201912191659458312
57-88505775-700cef5e54fa242dd1a39454a752
447958d5792e048bf853d58c36d2c90497487d4-
N/A-N/A-20191219165438020727
